Court of Appeals Decision List
Decided June 5, 2003
Cases
Germantown Central School
District,
Appellant,
v.
Clark, Clark, Millis & Gilson,
AIA, et al.,
Respondents.
Order, insofar as appealed from, affirmed,
with costs.
Opinion by Judge Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Read concur.
Judge Wesley took no part.
In the Matter of Edward S.
Gordon, et al.,
Respondents,
v.
Edward T. Rush, &c., et al.,
Appellants,
et al.,
Respondent.
Order affirmed, with costs.
Opinion by Judge Ciparick.
Chief Judge Kaye and Judges Smith,
Wesley, Rosenblatt, Graffeo and Read
concur.
Miriam Osborn Memorial Home
Association,
Respondent-Appellant,
v.
Mark R. Chassin, as Commissioner
of the New York State Department
of Health, et al.,
Appellants-Respondents.

Judgment appealed from and order of the
Appellate Division brought up for review
modified, with costs to defendants, by
declaring that the 1.2% assessment imposed
by Public Health Law § 2807-d(2)(b)(ii) is
constitutional and remitting to Supreme
Court, Westchester County, for further
proceedings in accordance with the
memorandum herein and, as so modified,
affirmed.
Chief Judge Kaye and Judges Smith,
Ciparick, Wesley, Graffeo and Read
concur.
Judge Rosenblatt took no part.
Rainer N. Mittl, &c.,
Respondent,
v.
New York State Division of Human
Rights, &c.,
Appellant.
---------------------------------
Mayra Rivera-Maldonado,
Respondent-Appellant,
v.
New York State Division of Human
Rights,
Appellant-Respondent,
Rainer N. Mittl, et al.,
Respondents.
Order reversed, with costs, and case
remitted to the Appellate Division, First
Department, for further proceedings in
accordance with the opinion herein.
Opinion by Chief Judge Kaye.
Judges Smith, Ciparick, Wesley,
Rosenblatt, Graffeo and Read concur.
The People &c.,
Respondent,
v.
Carlos Savinon,
Appellant.
Order affirmed.
Opinion by Judge Rosenblatt.
Chief Judge Kaye and Judges Smith,
Ciparick, Wesley, Graffeo and Read
concur.

In the Matter of Eliot Spitzer,
&c.,
Respondent,
v.
Kevin Farrell, &c., et al.,
Appellants.
Order reversed, with costs, and petition
dismissed.
Opinion by Judge Wesley.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and Read
concur.
Motions
William F. Achtziger,
Appellant,
v.
Fuji Copian Corp.,
Respondent,
et al.,
Defendants.

Motion, insofar as it seeks leave to
appeal from that portion of the Appellate
Division order that denied appellant's
motion to amend the complaint, dismissed
upon the ground that such portion of the
order does not finally determine the
action within the meaning of the
Constitution; motion for leave to appeal
otherwise denied.
Ruben Acosta,
Appellant,
v.
Flora Acosta,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Jose Arevalo,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
Richard Batts et al.,
Appellants,
v.
Melissa Rutrick et al.,
Respondents.
Motion for reargument of motion for leave
to appeal denied.
The People &c.,
Respondent,
v.
Jacob W. Bell,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 denied as
unnecessary and motion papers treated as
a timely CPL 460.20 application.
Belt Painting Corp.,
Respondent,
v.
TIG Insurance Company,
Appellant.
Motion by United Policyholders for leave
to participate as amicus curiae in oral
argument on the appeal herein denied.
In the Matter of Patricia A.
Bice, formerly known as Patricia
Rupert,
Respondent,
v.
Grant Sneddon,
Appellant.
Motion for leave to appeal denied.
In the Matter of John Bonvicino,
Appellant,
v.
Board of Trustees of the Police
Pension Fund, Article II et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Henry
Chichester,
Appellant,
v.
Glenn S. Goord, &c.,
Respondent.
Motion for leave to appeal denied.
Computer Possibilities Unlimited,
Inc.,
Appellant,
v.
Mobil Oil Corporation,
Respondent.
Motion for leave to appeal denied.
Judy Cunningham,
Appellant,
v.
Sandra Lewenson, et al.,
Respondents.
Motion for reargument denied.
Anthony J. DeCintio, &c., et al.,
Appellants,
v.
Lawrence Hospital, et al.,
Respondents.

Motion, insofar as it seeks leave to
appeal as against defendant Rubin, denied;
motion for leave to appeal otherwise
dismissed upon the ground that as to the
other defendants against whom leave to
appeal is sought the order sought to be
appealed from does not finally determine
the action within the meaning of the
Constitution.
Domen Holding Co., &c.,
Appellant,
v.
Irene S. Aranovich,
Respondent,
Jorge Aranovich, et al.,
Defendants.
Motion by Rent Stabilization Association
of N.Y.C., Inc. for leave to appear
amicus curiae on the appeal herein
granted to the extent that the proposed
brief is accepted as filed. Nineteen
additional copies of the brief may be
filed within ten days.
In the Matter of Joseph DD.,
Alleged to be a Neglected Child.
Schenectady County Department of
Social Services,
Respondent;
Angela DD.,
Appellant.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of George Ghanney,
Appellant,
v.
New York City Department of Parks
and Recreation et al.,
Respondents.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
In the Matter of Isaac Govan,
Appellant,
v.
Michael Allard, &c., et al.,
Respondents.
Motion for leave to appeal denied.
Richard M. Hyland et al.,
Appellants,
v.
State of New York,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Loren S. James,
Appellant,
v.
County of Yates Sheriff's
Department and County of Yates,
Respondents.
Motion for leave to appeal granted.
Jennifer R. Jennings,
Appellant,
v.
Bruce Ellsworth, as Limited
Administrator of the Estate of
Archie G. Boyd, Deceased,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c. ex rel. Jerry
Johnson,
Appellant,
v.
Michael Allard, Acting Superin-
tendent, Gowanda Correctional
Facility et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Juron & Minzner,
P.C.
Edward S. Minzner,
Respondent;
Albert A. Juron, &c.,
Appellant.
Motion for leave to appeal dismissed upon
the ground that the order sought to be
appealed from does not finally determine
the proceeding within the meaning of the
Constitution.
In the Matter of John KK.,
Appellant,
v.
Gerri KK.,
Respondent.
(And Three Other Related
Proceedings.)
Motion for leave to appeal denied.
In the Matter of James A.
Losurdo,
Appellant,
v.
Asbestos Free, Inc.,
Respondent.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal granted.
M&M Real Estate, LLC,
Appellant,
v.
895 Broadway LLC,
Respondent.
Motion for leave to appeal dismissed upon
the ground that the order sought to be
appealed from does not finally determine
the action within the meaning of the
Constitution.
The People &c.,
Respondent,
v.
John Mannix,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
Ronald Marchand, Jr. et al.,
Appellants,
v.
Village of Bayville, et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Juan Marquez,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
In the Matter of John M.
Mathiason, Jr. et al.,
Appellants,
v.
Phil Davenport, et al., &c.,
Respondents.
On the Court's own motion, appeal
dismissed, without costs, upon the ground
that no substantial constitutional
question is directly involved.
Motion for leave to appeal denied.
April Meadows,
Appellant,
v.
Robert Flemings, Inc.,
Respondent.
Motion for leave to appeal dismissed upon
the ground that the order sought to be
appealed from does not finally determine
the action within the meaning of the
Constitution.
In the Matter of Newark Valley
Cardinal Bus Drivers, Local 4360,
NYSUT, AFT, AFL-CIO,
Appellant,
v.
New York State Public Employment
Relations Board, et al.,
Respondents.
Motion for leave to appeal denied.
Gregory O'Neill et al.,
Appellants,
v.
225 East 73rd Owners Corp.,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Pyramid
Crossgates Company,
Appellant,
v.
Board of Assessors of the Town
of Guilderland et al.,
Respondents.
(Proceeding Nos. 1 and 2)
---------------------------------
In the Matter of Montalba Square
Associates, Inc.,
Appellant,
v.
Board of Assessors of the Town
of Guilderland et al.,
Respondents.
(Proceeding No. 3)
Motion for leave to appeal denied.
Judge Graffeo took no part.
The People &c. ex rel. Watkins
Richardson,
Appellant,
v.
Richard Bennett,
Respondent.
Motion for leave to appeal denied.
In the Matter of Alfonso Rizzuto,
Appellant,
v.
Glenn S. Goord, Commissioner,
New York State Department of
Correctional Services,
Respondent.
Motion for leave to appeal denied.
In the Matter of Michael Scott,
Appellant,
v.
Jaime A. Rios, &c., et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Bobby Shabazz,
Appellant.
Motion for reargument denied.
In the Matter of Abraham Solomon,
Appellant,
v.
Administrative Review Board for
Professional Medical Conduct,
Department of Health,
Respondent.
Motion for leave to appeal denied.
In the Matter of Jeffrey Stewart,
Appellant,
v.
County of Albany et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
SBLC Development Corporation
c/o Cimato Bros. Inc.,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 granted and motion
papers treated as a timely CPL 460.20
application.
In the Matter of Samuel Thompson,
Appellant,
v.
Glenn Goord, as Commissioner of
Correctional Services, et al.,
Respondents.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Charles Weaver,
Appellant.
Motion for leave to appeal denied.
In the Matter of James Weaver,
Appellant,
v.
Glenn S. Goord, as Commissioner
of Correctional Services,
Respondent.
Motion for leave to appeal denied.


In the Matter of Michael J.
Woodcock,
Appellant.
Commissioner of Labor,
Respondent.
Motion for reargument of motion for leave
to appeal denied.